APPELLATEHIGHLIGHTS
014
APPELLATE
highlights
AUTHOR: Jon Barnes
EMAIL: [email protected]
Following is a list of the recent Appellate Cases we believe are of
interest to our diverse group of clients. If you would like any additional
information on the cases below, please feel free to contact any of the
lawyers in our Appellate Department.
BIO: jshfirm.com/jonathanpbarnes
featured case
May 21, 2015
Merkens v. Federal Ins. Co.
(Arizona Court of Appeals)
The court affirmed summary judgment for the workers’
compensation carrier because plaintiff, a laboratory
research associate, failed to seek a determination from
the Industrial Commission that she was entitled to
continuing benefits after her benefits were terminated.
She thus failed to exhaust her administrative remedies,
which precluded her bad faith claim.
MORE INFORMATION:
http://www.jshfirm.com/contentadmin/files/
Merkens%20v.%20Federal.pdf
April 21, 2015
Lee v. M&H, Wal-Mart
(Arizona Court of Appeals)
The court affirmed judgment as a matter of law for
plaintiff’s special employer, M&H, on grounds that it
was immune from tort liability under Arizona’s worker’s
compensation law. M&H was the subcontractor in
charge of supervising and controlling the construction
project where plaintiff was injured. The court also
affirmed summary judgment for Wal-Mart, which did
not owe a non-delegable duty or retain any control over
plaintiff’s work, as plaintiff argued.
MORE INFORMATION:
http://www.jshfirm.com/contentadmin/files/Lee%20
v%20MH%20and%20WalMart.pdf
April 23, 2015
State v. Bernstein (Herman)
(Arizona Supreme Court)
The court held that a trial court’s “gatekeeper” role
applies equally to Rule of Evidence 702(d) when a
party contends that an expert has not properly applied
generally reliable principles or methods. It further held
that errors in application should result in the exclusion
of evidence only if they render the expert’s conclusions
unreliable; otherwise, the jury should be allowed to
consider whether the expert properly applied the
methodology in determining the weight or credibility of
the expert testimony.
More Information:http://www.jshfirm.com/contentamin/files/State%20v.%20Bernstein.pdf
March 25, 2015
Austin, et al. v. the Peoria Unified School
District
(Arizona Court of Appeals)
The court affirmed dismissal because plaintiff’s Notice
of Claim was not filed with all members of the school
district’s Governing Board, as A.R.S. § 12-821.01 requires.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2015/1CA-CV14-0220.pdf